Eric Roberts Investments & Ors v Valuer General [2004] NSWLEC 304

Land and Environment Court of New South Wales

CITATION : Eric Roberts Investments & Ors v Valuer General [2004] NSWLEC 304 APPLICANT Eric Roberts Investments & Ors PARTIES : RESPONDENT Valuer General FILE NUMBER(S) : 30068 of 2004 CORAM: Bly C KEY ISSUES: Valuation of Land :- Access - size and character LEGISLATION CITED: Valuation of Land Act 1916 CASES CITED: DATES OF HEARING: 27/05/2004 DATE OF JUDGMENT: 06/21/2004

APPLICANT Mr J Maston, barrister SOLICITORS LEGAL REPRESENTATIVES: Hertzberg Heydon

RESPONDENT Mr A Pickles, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

21 June 2004

30068 of 2004 Eric Roberts Investments & Ors. v Valuer General

JUDGMENT 1 This is an appeal under s 37 of the Valuation of Land Act, 1916 against the Valuer-General's determination of the land value of certain land off Jonson Street, Byron Bay, being Lot 8 DP 617509 ("the site"). At base date 1 July 2002 the notified land value is $1,570,000 and the respondent contends, that this value is supported by the evidence of its expert and the comparable sales evidence. The applicant's expert disagrees, contending that, based on comparable sales evidence the land value should be $1,100,000. 2 Whilst its address is 108-114 Jonson Street the site has no street frontage and relies on adjoining lands for access. There are no easements for this purpose. It is fairly level, has an irregular shape and has an area of 2,457 sq m. 3 The site is situated in a commercial area to the south of the Byron Bay central business district. This area generally comprises a wide range of commercial development mainly retail On the site there are some 15 single-storey shops, together with a carparking area and landscaping. It is adjacent to two large commercial developments including a supermarket, picture theatre and specialty shop complex, it also adjoins a large backpacker accommodation development. The rear of the site abuts the Northern Railway Line corridor. 4 The site is zoned 3(a) Business Zoning under Byron Local Environmental Plan 1988.